AN accountant at MTN Zambia has discontinued two cases where he was seeking K800,000 compensation for torture and false imprisonment as well as leave to issue a writ of habeas corpus ad subjiciendum, directing the officer in Charge at Chelstone Police Station to present him before court.
This is according to two separate notices of discontinuance filed on both matters on February 19, this year.
“Notice is hereby given that the Plaintiff (Hamanyanga Kaseele) wholly discontinues this matter against the defendant,” read the notices.
In the first matter, Kaseele dragged a police officer, a Mr Mutono and the Attorney General to the Lusaka High Court, demanding K800,000 compensation for torture, false imprisonment and detention, after his arrest.
He wanted an order compelling the police officer to allow his parents, relatives and family members to visit him at the police station as well as compensation of K500,000 for torture, pain, internal injuries and chest injuries.
Kaseele also wanted compensation of K300,000 for wrongful arrest, false imprisonment and detention.
He further wanted, among other claims, an order of interim injunction restraining the said police officer, a Mr Mutono, through his agents or servants or whomsoever from torturing, threatening his life or doing anything calculated at directly affecting him.
In his statement of claim, Kaseele stated that he was unlawfully arrested by Mutono on February 6, this year, when he was at his workplace.
He added that upon his arrest, no reasons were given to him, but was immediately taken to Chelstone Police Station by Mutono, who was in the company of other unknown police officers.
Kaseele stated that upon arrival at the said police station, Mutono directed his subordinates to torture him by way of handcuffing him and beating him on his body, legs and head with an iron bar and shot button.
He added that Mutono joined the police officers, who were torturing him and participated in the said torture.
“The plaintiff will aver and show at trial that upon questioning the basis of his torture, Mutono increased the torture and put electric cables on his body and switched on the power so that he could be electrocuted and was electrocuted briefly. Upon being injured him, Mutono left the police station and directed his subordinates to be torturing him in the morning, afternoon and at night,” read the statement of claim.
Kaseele stated that he would show at trial that he had been badly injured due to the consistent torture and inhuman treatment he had been subjected to and that Mutono had refused to take him to the hospital or allow his parents to visit him.
He added that Mutono had continued to threaten his life and had undertaken to ensure that he did not leave the police station alive.
Kaseele further stated that from the time he was detained, Mutono had not been able to furnish any reason for the detention or the torture, adding that the officer had no legal right to torture him or inflict pain or injury on him.
He stated that by reason of what was happening to him, he was living in fear.
In another matter, Kaseele’s father had asked the Court to grant his son leave to issue a writ of habeas corpus ad subjiciendum directing the officer in Charge at Chelstone Police Station to present him before court and show cause why he should not be immediately released from detention.
Lancelot Kaseele, an insurer in Madison Life Insurance, who had sued the Attorney General, wanted the Court to order the Officer-in-Charge, only identified as Mutono, to present Kaseele before a judge so that his lawyer could hear and make a return to the said writ.